Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22072 of 2019 Petitioner :- Shahin And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azhar Hussain,Amrit Shanker Dubey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Azhar Hussain, learned counsel for the petitioners and Sri M.K. Kushwaha, learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 21.8.2019 in Case Crime No. 372 of 2019, under Sections 363, 366 IPC, P.S. Ramgarh, District-Firozabad.
It is submitted by learned counsel for the petitioners that as per the personal law applicable to petitioner no.1 (victim), who is aged about 16 years as per F.I.R., competency to contract a marriage arises on attaining puberty, petitioners no. 1 and 2 claim themselves to be lawfully married couple, petitioner no.
3 is relative of petitioner no.2, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of Order Date :- 27.9.2019 A. Pt. Singh